Finally,
Advertising Practitioners Council of Nigeria (APCON), a federal body in charge
of regulating and controlling the practice of advertising in Nigeria seems to
have woken up from a long slumber, as it moves to stem the negative tide of
irresponsible alcohol advertising in the country particular on the electronic
media.
Corporate and product brands particularly in the segment
of alcohol beverage have continued to violate the Nigerian Code of Advertising
Practice Article 39 with impunity.
To check these flagrant violations, APCON in February
this year banned all alcohol advertising from the stable of Guinness Nigeria
Plc, over what was termed deliberate breach of the code’s Article 39.
The code states that “advertisements for alcohol beverage
shall not be aired between 6.00am and 8.00pm on radio and between 6.00am and
10.00pm on television.”
The Article 34 for outdoor advertising also says that
advertisements for alcohol beverages shall not be sited within a radius of 200
meters from nearest perimeter fence of any place of worship, hospital, school,
or motor parks.
Over the years, players in the segment of this market
category have continually breached this provision as a result of what some
termed APCON’s ineptitude and/or lack of effective monitoring.
The effect of this flagrant disregard to ethical
practice, expectedly, impacted negatively on the nation’s youth audience of the
nation’s consumer market.
The trouble
In February this year, precisely during the African
Nation’s Cup held in South Africa, APCON decided to wield the big stick for the
first time by banning all alcohol advertisements of Guinness Nigeria from
television (both terrestrial and satellite).
Reasons, the brewery giant failed to adhere to the code.
Although the suspension was not announced, Nkechi
May-Nzeribe, APCON’s Corporate Affair officer, in a statement announcing the
regulator’s decision to pardon the offender, simply said “the APCON through its
Advertising Standards Panel (ASP) committee lifted the ban placed on
advertising of alcohol beverage placed on Guinness Nigeria Plc.”
The ban, she explained, was lifted because Guinness
complied by withdrawing all the offending advertisements that had been
scheduled to run, and apologized over its broadcast of Guinness Foreign Extra
Stout adverts on Digital Satellite Television (DSTV) outside the prescribed
periods allowed by the APCON Code and promotion guidelines.
Specifically, May-Nzeribe said Guinness ‘Made of More’
was aired on DSTV platform on Saturday February 2, 2013 at 16.40 hour west
Africa time (4.40pm) during the CAF Nations Cup match between Ghana and cape
Verde, and during English Premier League Live matches even after warnings and
notifications from the regulatory body.
According to APCON, the ASP’s decision to lift the ban on
Guinness’ alcohol advertisement followed a letter written by Marketing Director
of Guinness Nigeria, Austin Ufomba. Ufomba assured that in future, the brand
would not involve in any breach of the APCON code of advertising practice, and
announced a withdrawal of all its advertisement expected to run at that time.
In deciding to lift the ban on Guiness advertising of
alcohol beverages, May-Nzeribe said, “APCON has reiterated its position that
nobody or company is above the law and would mete out sanctions to any erring
organisation no matter how big or influential.”
Flagrant abuse of provision
Violation of Article 39 and 34 of the Code of Advertising
Practice in Nigeria is done with impunity amongst top alcohol beverage
marketing companies. The continuous flouting of this provision by these brands
is as result of APCON’s ineffectiveness particularly in the area of monitoring
and compliance.
Top alcohol brands have formed the habit of abusing this
advertising provision, which seeks to protect children, women and underage
audience. Besides frequent abuse of advertisement on radio and television
outdoor advertisements for alcoholic beverages is one of the most unchecked.
Article 34 states that “advertisements for alcoholic
beverages shall not be sited within a radius of 200 meters from the nearest
perimeter fence of any place of worship, hospital, school, or motor park.”
However, in certain areas of the Lagos metropolis, such
as Pen Cinema, in the Agege area, a billboard bearing Guinness “Made for More”
is overlooking a motor park, for example.
Several others alcoholic advertisements on billboards are
situated near churches, mosques, hospitals and even schools. This practice has
remained unchecked.
On television, Guinness Nigeria begins advertisement of
its premium stout brand-Guinness Extra Stout as early as 12.45pm lunch time
kick of EPL on Saturday on DStv, besides co-sponsoring live telecast of EPL on
DStv. This flagrant of professional ethic would continue until 8.00pm when the
last live match for the day is shown.
Nigerian Breweries’ Heineken, sponsor of European
Champion League does the same albeit late in the evening. Heineken begins its
advertisement around 7.45pm still within censor period for this category of
beverages.
Other brands that have violated this code include
alcoholic beverage brands like: Squadron, John Walker, Seaman Schnapps and
several others across the country.
Effects of on youths
Experts believe the damage done by alcohol advertising is
in equal measure to that of tobacco. However, why the later has been completely
barred, the former continues to enjoy massive visibility through print, radio,
television, internet, outdoor and other social media outlets.
A survey was undertaken in the US recently to test
whether alcohol advertising expenditures and the degree of exposure to alcohol
advertisements affect alcohol consumption by youth. The results showed that the
youths who saw more alcohol advertisements on average drank more (each
additional advertisement seen increased the number of drinks consumed by 1 per
cent. Also, youths in market environments with greater alcohol advertising
expenditures drank more.
Youth in markets with more alcohol advertisements showed
increases in drinking levels into their late 20s, but drinking plateaued in the
early 20s for youth in markets with fewer advertisements. Control variables
included age, gender, ethnicity, high school or college enrollment, and alcohol
sales.
Sharing her experience in alcohol advertisement outside
specify period of time, Mrs. Nkechi Aborima, a school teacher lamented that it
“is gradually becoming a menace. My three-year old baby can conveniently identify
brands of beer despite that fact that he never saw anyone at home drinking it
but on television.”
She advised regulatory agency and all stakeholders in the
industry to work to eradicate the menace because it may lead to early drinking
amongst children within impressionable age bracket.
Stakeholders’ position
At a forum held in October 2012, stakeholders in the
marketing communications industry bemoaned the degree of damage caused by
alcohol advertising in the society. They therefore called for a concerted
effort from all global stakeholders to fashion holistic regulatory framework to
fight this menace just like tobacco has been checkmated.
Speaking at the 2012 APCON/ICAP/BSG summit on alcohol
advertising and marketing in Nigeria, the experts lamented a situation where
the regulation of alcohol advertising for over a decade has remained one of the
most controversial media policies.
With the total ban of tobacco advertising achieved
worldwide, health activists have continued to pushfor a total ban on alcohol
advertising citing the many dangers of alcohol misuse. Alcohol producers have
however continued to push for freedom to advertise their products.
Yomi Bolarinwa, Director General, Nigerian Broadcasting
Commission (NBC) agrees on the audio and visual potency of radio and television
to influence the formation of people’s views, attitudes and tastes. This is
why, he believes, one can begin to appreciate why advertising must be
regulated.
Providing the guiding principles for alcohol advertising
particularly in the electronic media, the DG, NBC said responsible marketing
communications from advertising agencies and manufactures, responsible
consumption from consumers, health and safety aspects from all stakeholders and
minors issues should be taken into considerations.
Bolarinwa cautioned on the need to ensure that alcohol
advertising is not only legal and decent, but honest and truthful, besides
conforming to acceptable principles of fair competition and good business
practice. The also must be prepared with a due sense of social responsibility,
not using themes, images, symbols, or portrayals likely to be considered
offensive, derogatory, or demeaning, comply fully with relevant national
self-regulatory codes, respect human dignity and integrity. The advertisements
must also avoid any association with violent, aggressive, hazardous, illegal,
or antisocial behaviour and avoid any association with, or reference to, drugs
or the drug culture.
On responsible consumption, the Director General said it
should portray only moderate and responsible consumption by people of the
prescribed legal age to consume alcoholic beverages. It should also not condon
or trivialise excessive or irresponsible consumption or intoxication, while not
also portraying abstinence or moderate consumption in a negative way.
On the challenges of regulating the industry the veteran
broadcaster said “It is evident that one of the greatest challenges in the
regulation of alcoholic beverage advertisement in Nigeria is the quest to
strike a balance between public protections on the one hand and sensitivity to
revenue and content generation challenges of Nigerian broadcasters, on the
other hand.”
He however said the Nigeria Broadcasting Code enumerates
that broadcasts shall adhere to the general principles of legality, decency,
truth, integrity and respect for human dignity as well as the cultural, moral
and social values of the people within the provisions of the Constitution. It
must also ensure the protection and the development of women and children and
other persons requiring special care and consideration, besides being mindful
of the degree of harm and offence likely to be caused by the inclusion of any
material in programming in general or in specific terms.
Alcohol advertising and road safety
Osita Chidoka, Corps Marshal and Chief Executive, Federal
Road Safety Corps (FRSC), in a paper title “Potential Harm of Irresponsible
Alcohol Beverage Marketing: The Road Safety Point of View,” said road traffic
crashes are one of the main causes of injury and death worldwide.
Some of such incidents, he noted, involve
alcohol-impaired drivers, adding that alcohol consumption impairs certain
functions, such as visual acuity and reaction time, increasing the likelihood
that accidents may occur.
He said in crashes, four percent die every year due to
alcohol consumption or its side effects; nine percent of those who die of
alcohol are between 15 and 29 years old, and 2.5 million people die annually,
while many more succumb to illness and injury, as a result of harmful alcohol
use.
APCON and Guinness faceoff
In recent weeks, APCON and Guinness Nigeria had engaged
each other on what is termed ‘breach of alcohol advertising code of practice.”
While Guinness Nigeria accepted that it had breached the code and apologized
through its marketing director, Austin Ufomba, the company however said APCON’s
decision to announce its ban in the media was not part of the arrangement.
According to Sesan Sobowale, the company’s Corporate
Relations Director, “Contrary to the assurances provided by the Chairman of the
ASP, Mr. Ade Akinde, at the meeting with management of Guinness Nigeria Plc and
its agencies that, in view of the fact that the company had complied with the
directives of the ASP to withdraw the materials, it would not give undue
publicity in the media to the decision of the Council of APCON to endorse its
recommendations to sanction the company, the ASP promptly went to two media
houses to publicise the erroneous decision.”
Questions and questions
As a company that always brandishes its score card as a
brand with good corporate governance record, what is Guinness Nigeria trying to
hide? What is wrong in the regulatory body sending a message to everyone,
including competition that if a giant the size of Guinness, a leading brand in
the sector, could be sanctioned there is no sacred cow?
In other sectors particularly telecoms and banking,
regulatory bodies do not blink by releasing names and sanctions meted at the
erring operators to the media. Why is the advertising different?
Stakeholders have faulted Guinness Nigeria’s decision to
banter words with the regulator even in a matter its officials have openly
admitted guilt.
In the words of one industry operator, “what moral stand
does Guinness have to engage APCON in media war over issue they have admitted
guilt?”
The Truce:
APCON summoned officials of both Nigerian Breweries and
Guinness Nigeria to a meeting, to broker peace. While the NB delegation was led
by it Managing Director and all senior management of the company, Guinness
Nigeria was represented by its lawyer and representative from MediaReach, its
media buying agency.
Although both parties were allowed the floor to state
their case, since Guinness Nigeria had insinuated that the Advertising
Standards Panel (ASP) had favoured NB’s Heineken over its Guinness Extra Stout
in its advertorial in a national newspaper.
At the end, APCON urged both competitors to maintain
status quo, while warning others against breaching the code.
Way forward
The causes of alcohol use among youth, including older
children, adolescents, and young adults, are a major public health concern.
Drinking among youths can result in a panoply of negative consequences,
including poor grades, risky sex, alcohol addiction, and car crashes. Of
drinkers younger than 21 years, who consume approximately 20 per cent of all
alcoholic drinks, 5 imbibe more heavily than adults per drinking episode and
are involved in twice as many fatal car crashes while drinking.
Observers agree that the problem is growing worse, with
youths being initiated into drinking at an earlier age on the average than in
the past.
There is much public policy debate about whether alcohol
advertising is partially responsible for youth consumption levels. In other
countries, the alcohol industry is not subject to federal restrictions on their
advertising practices but has voluntary advertising codes created by the major
alcohol trade groups. Nigeria is however different.
Even when the alcohol industry adheres to a code
requiring that at least 70 per cent of the audience (50 percent before fall
2003) for print, radio, and television advertisements consist of adults of
legal drinking age, many youth are exposed to alcohol advertisements as a
result of irresponsible advertising.
Now that APCON has woken up from its long slumber, it is
only logical that players in the industry support the crusade so as to reverse
the trend.
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